(a) Scope. This section does not apply to the issuance of civil citations for violations of Article 18 of this Code. Except as otherwise provided, the provisions of this section apply to all other violations that are made civil offenses or made subject to civil fines by this Code.
(b) Civil fine enforced by citation or complaint; no preclusion of criminal prosecution. A civil offense is punishable by a civil fine. A civil fine in an amount up to $1,000 shall be enforced by the issuance of a civil citation as provided in this section or as a form of relief requested in a civil complaint filed in District or Circuit Court. A civil fine in an amount over $1,000 shall be enforced as a form of relief requested in a civil complaint filed in District or Circuit Court. Imposition of a civil fine does not preclude criminal prosecution for the same violation.
(c) Signing of citation. A civil citation may be signed by an employee who meets the training and other qualifications for the issuance of civil citations as determined by the head of the office or department charged with enforcing the provision of this Code for which the civil citation is issued.
(d) Service and enforcement. A civil citation shall be served and enforced in the manner provided for a municipal infraction by Local Government Article, §§ 6-103 through 6-115, of the State Code.
(e) Payment; notice of intent to stand trial; appearance in court; doubling of fines. A civil fine imposed by a citation shall be paid within 20 days of service of the citation. If the civil fine imposed by a citation is not paid or a written notice of intent to stand trial not delivered in the manner required by Local Government Article, § 6-106, of the State Code, or if the civil fine imposed by a citation served with a summons is not paid and the defendant fails to appear in court as provided in Local Government Article, §§ 6-104, 6-107, of the State Code, the fine shall be doubled to an amount not to exceed $1,000.
(f) Schedule of fines. The general schedule of civil fines is as follows:
(1) for a Class A civil offense: a fine not exceeding $10,000 for the first violation and any subsequent violation;
(2) for a Class B civil offense: $1,000 for the first violation; $5,000 for the second violation; and $10,000 for the third or any subsequent violation;
(3) for a Class C civil offense: $500 for the first violation and $1,000 for the second or any subsequent violation;
(4) for a Class D civil offense: $125 for the first violation; $500 for the second violation; and $1,000 for the third or any subsequent violation; and
(5) for a Class E civil offense: $50 for the first violation; $100 for the second violation; and $500 for the third or any subsequent violation.
(g) When deemed to be a Class E civil offense. A violation of this Code shall be deemed a Class E civil offense if the violation is made a civil offense but is not classified as described in subsection (f) or made subject to a specific fine amount.
(h) Continuing violation. Each day that a violation continues constitutes a separate civil offense. All civil fines for continuing violations shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.
(i) When violation constitutes a second, third, or subsequent violation. A violation constitutes a second, third, or subsequent violation if the violator previously paid a civil fine or was found guilty of or placed on probation before judgment for a violation of the same provision of this Code at the same or different location or a violation of another provision of the same article of this Code at the same location.
(j) Persons liable. If a violation of a provision of this Code is made a civil offense, then a civil offense is committed by any or all of the following:
(1) the person who violates the provision, including a contractor or subcontractor who performs work in violation of the provision;
(2) the owner of property on which work is performed in violation of the provision;
(3) the person in whose name a permit is issued, who shall be strictly liable for all violations of that permit; and
(4) a person acting on behalf of a property owner who approves work that violates the provision, including an architect or engineer.
(k) When fines are remitted to the County. All fines, penalties, or forfeitures collected by the District Court for violations enforced by the issuance of civil citations under this section, and all civil fines imposed as a result of a separate request for relief in a civil complaint, shall be remitted to the County.
(l) Prosecution by the Office of Law. An attorney with the Office of Law may prosecute a civil citation in the manner provided by Local Government Code, § 6-108(b), of the State Code.
(1985 Code, Art. 11, § 6-102) (Bill No. 78-86; Bill No. 13-89; Bill No. 75-93; Bill No. 12-00; Bill No. 59-00; Bill No. 37-04; Bill No. 93-12)